In a case of suspected fraud which was or should have been referred by a local social services department to a district attorney or other prosecuting official pursuant to the provisions of the regulations of this department, and in which case there is evidence, in the judgment of the social services official of such local department, which clearly establishes that the applicant or recipient of public assistance and care willfully withheld from such local social services department at the time of his application for public assistance and care, or any time thereafter, information about his income or resources, and as a result of withholding such information from the local social services department, the applicant or recipient has received grants, of public assistance, or care at public expense to which he was not entitled in whole or part, the social services official shall recover the amount of the public assistance granted or the cost of care provided to the applicant or recipient to which he was not entitled in accordance with subdivision (d) of section 352.31 of this Title.
N.Y. Comp. Codes R. & Regs. Tit. 18 § 348.4